OHIO EX REL. CELEBREZZE v. U.S. DEPT. OF TRANSP.

No. 84-3292.

766 F.2d 228 (1985)

The STATE OF OHIO, ex rel., Anthony J. CELEBREZZE, Jr., Attorney General, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF TRANSPORTATION and the Materials Transportation Bureau, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 27, 1985.

Rehearing Denied September 24, 1985.


Attorney(s) appearing for the Case

E. Dennis Muchnicki (argued), Asst. Atty. Gen., Environmental Law Section, Karen A. Kolmacic, Columbus, Ohio, for plaintiff-appellant.

Carla D. Moore, U.S. Atty., Cleveland, Ohio, John J. Powers, III, Robert J. Wiggers (argued), Antitrust Div. 3313 & 3414, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before ENGEL and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


PHILLIPS, Senior Circuit Judge.

This appeal presents the question of whether the State of Ohio has standing to seek judicial review of a federal regulation which by its terms preempts a State statute. The Ohio statute, Section 4163.07 of the Ohio Rev.Code, requires prenotification of shipment into or through the State of any large quantity of special nuclear material or by-product material.

In the administration of the Hazardous Materials Transportation Act...

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